An Act concerning the performance of certain State contracts and supplementing 34 of Title
52 of the Revised Statutes.

Be It Enactedby the Senate and General Assembly of the State of New Jersey:

C.52:34-13.2 State contracts, services performed within U.S.; exceptions.

1. a. Every State contract primarily for the performance of services shall include provisions
which specify that all services performed under the contract or performed under any subcontract
awarded under the contract shall be performed within the United States.

b.The provision of subsection a. of this section shall not apply whenever:

(1)the Director of the Division of Purchase and Property or the Director of the Division of
Property Management and Construction, as appropriate, certifies in writing a finding that a
service is required by the Executive Branch of the State and that the service cannot be provided
by a contractor or subcontractor within the United States and the certification is approved by
the State Treasurer;

(2)the contracting officer for the Legislature or for any office, board, bureau or commission
within or created by the Legislative Branch certifies in writing a finding that a service is
required by the Legislature or the office, board, bureau or commission within or created thereby
and that the service cannot be provided by a contractor or subcontractor within the United States
and the certification is approved by the appropriate legislative authority;

(3)the contracting officer of any independent State authority, commission, instrumentality
or agency certifies in writing a finding that the service required by the independent State
authority, commission, instrumentality or agency cannot be provided by a contractor or
subcontractor within the United States and the certification is approved by the executive
director or other equivalent authority of that authority, commission, instrumentality or agency;
or

(4)any of the directors or contracting officers in paragraphs (1) through (3) of this
subsection b., as may be applicable, certifies in writing a finding that inclusion in the State
contract of a provision as described in subsection a. of this section with respect to the
performance of a service required by their contracting entity under the State contract would
violate the terms, conditions, or limitations of any grant, funding or financial assistance from
the federal government or any agency thereof, and the certification is approved by the
appropriate approval officer.

As used in this section, "State contract" means every contract entered into by (1) the
Governor, the head of any of the principal departments in the Executive Branch of the State
Government, and the head of any division, board, bureau, office, commission or other
instrumentality within or created by such department, (2) the contracting officer of the
Legislature of the State and any office, board, bureau or commission within or created by the
Legislative Branch, and (3) the head or contracting officer of any independent State authority,
commission, instrumentality or agency within or created by such an authority, who is authorized
to enter into contracts that include the performance of services. A county, municipality or
school district shall not be deemed an agency or instrumentality of the State for the purpose of
this section.

2.The State Treasurer shall review all State contracts, as defined in section 1 of P.L.2005,
c.92 (C.52:34-13.2), primarily for the performance of services, which contracts have not been
completed or terminated, and determine if any of the services performed by the contractor and
any subcontractor are being performed outside of the United States. Within 180 days after the
effective date of P.L.2005, c.92, the findings of the review shall be reported in writing to the
Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the
General Assembly, and the Minority Leader of the General Assembly, and shall be made
available to the general public.